Speculation, Analysis, and Opinion Of Baish| It has been reported by the Washington Examiner that a “good friend” of disgraced former FBI Director James Comey expects that former FBI Deputy Director Andrew McCabe will be slapped with criminal charges any day now.
Editor-in-chief of Lawfare, Benjamin Wittes, released a blog post in which he stated that he was taken aback by a New York Times report released on Monday which “revealed McCabe's lawyers met with top Justice Department officials in recent weeks,” according to the Examiner.
Wittes stated on Tuesday, “Such meetings generally take place when indictment is imminent; they happen when the government plans to bring charges. You should thus expect charges against McCabe to be forthcoming any day. And if such charges don’t happen, that doesn’t mean they weren’t planned but, rather, that some extrinsic event has intervened.”
Via the Examiner:
Wittes, an author and senior fellow in governance studies at the Brookings Institution, said the report was “shocking.” He argued that “as best as I can tell, the facts available on the public record simply don’t support such charges.” Wittes also suggested the White House may be a factor because of a “sustained campaign by President Trump demanding McCabe’s scalp.” Trump has repeatedly criticized McCabe, who authorized the investigation into the Trump campaign's ties to Russia.
Former Attorney General Jeff Sessions fired McCabe in March 2018, less than two days before he was set to retire, prompted by a DOJ inspector general report that found he misled Comey and investigators about leaks to the media regarding the Hillary Clinton emails investigation and an inquiry into the Clinton Foundation which had not yet been made public.
Comey, who was terminated from his role in the FBI by President Trump in May of 2017, claims that he never gave Andrew McCabe permission to leak the information to the liberal press. As of yet, Comey hasn't commented on the most recent findings in the probe.
Lawyers for McCabe have claimed the IG's report to be “deeply flawed,” and their client, who CNN hired just last week, sued the DOJ in August, accusing the President of forcing subordinates to take part in an “unconstitutional plan and scheme” to get him fired. McCabe wants his full pension, in addition to his record being fully expunged.
Wittes feels that if prosecutors slap McCabe with criminal charges, they will be forced to deal with “substantially mitigating factors,” for example: McCabe corrected the record “after he misled investigators and former FBI lawyer Lisa Page telling a grand jury that McCabe was authorized in his position as deputy director to give information Wittes feels to the media and had no motive to lie,” the Washington Examiner explains.
Wittes did note that there may be “evidence that is not public yet,” which could be bad for McCabe.
In his piece, Wittes stated that he was not jumping to any sort of judgement, however “he expressed concern about assistant U.S. attorneys dropping off the case,” according to the Examiner.
Wittes wrote, “I would be lying if I said that, as I look at it now, it all seems on the level to me. I worry that what’s happening here is simple corruption of the Department of Justice in precisely the fashion I have been worrying about since before Donald Trump was even elected.”
Editor's Note: In my mind, this is Barr's litmus test, either McCabe “rides the lightning” (Figuratively) and we know Barr means business, or McCabe skates and either he rolled on Comey or someone even higher … or more likely Barr lacks the spine to put his life in danger by burning the rat nest to the ground. Where are you placing your bet?